GOVERNMENT DOESN'T ALWAYS KNOW BEST: HARNESSING SELF-INTEREST TO ADVANCE THE PUBLIC INTEREST
Kathleen Q. Abernathy
Commissioner Abernathy's article tackles the issue of the proper role of policy-makers in determining how best to further the public interest. The Commissioner concludes that licensees should be given more flexibility in developing policy, and that the government should only intervene if there are specific congressional policy directives or evidence of "bad acts" on the part of the licensee. In reaching this conclusion, Commissioner Abernathy looks at two specific cases. First, the article examines the FCC's decision to allow the use of digital television spectrum by noncommercial educational broadcasters. Second, the article looks at the FCC's decision to give flexibility to licensees in the 2500-2690 MHz Band (the Instructional Television Fixed Service ("ITFS") and Multichannel Multipoint Distribution Services ("MMDS") band).

REGULATION ON THE HORIZON: ARE REGULATORS POISED TO ADDRESS THE STATUS OF IP TELEPHONY?
Chérie R. Kiser and Angela F. Collins
This article begins by acknowledging that Voice over Internet Protocol ("VoIP" or "IP telephony") is not subject to the same regulations as traditional telecommunications services ("Plain Old Telephone Service" or "POTS"). The authors then discuss the differences between VoIP and POTS. Then, the authors examine the history of domestic and international regulation of telecommunication services, and how this history may help predict the future regulation of VoIP. Finally, the article looks at what states may play a significant role in the future of VoIP regulation. The authors conclude that it is unlikely that VoIP will be able to avoid regulation.

THE DIGITAL HANDSHAKE: CONNECTING INTERNET BACKBONES
Michael Kende
This article looks at the interconnection policies between Internet backbone providers, defined as those networks that deliver data traffic between customers. Currently, there are no industry-specific regulations governing how Internet backbone providers interconnect. Mr. Kende first shows how the absence of a single dominant Internet backbone encourages interconnection between backbone providers. Section Two of the article describes the current interconnection policies between the different Internet backbones. The article then discusses how the various Internet backbones might react in light of industry competition between the backbone providers. Finally, the article concludes that industry-specific regulations of interconnection between backbones are unnecessary given industry competition among Internet backbone providers.

SHIELDING PRIVATE LIVES FROM PRYING EYES: THE ESCALATING CONFLICT BETWEEN CONSTITUTIONAL PRIVACY AND THE ACCOUNTABILITY PRINCIPLE OF DEMOCRACY
Martin E. Halstuck, Ph.D
Over the last century, there has been a significant arise in constitutional privacy law. This article discusses how this increase is affecting public access to information. Part II of the article discusses the rise of a constitutionally protected right to privacy and how the Supreme Court has used privacy as a rationale for restricting information gathering practices. Dr. Halstruck then discusses the impact that the expansion of privacy law has on the public's ability to access government records. Part IV of the article looks at the 2001 Supreme Court case, Bartnicki v. Vopper, which held that the First Amendment protected a radio from liability after the station broadcasted a cell phone conversation that was secretly taped. The author discusses how this holding might have a larger impact in recognizing a right to publish private facts that are found to be true. The article then looks at current trends in the regulation of privacy law. Finally, the article concludes by arguing that an increase in privacy law may make it impossible for courts to balance the benefit of public access to information with an individual's right to privacy.

PUBLIC INTEREST REGULATION IN THE DIGITAL AGE
Daniel Patrick Graham
Traditionally, broadcasters have been regarded as "public trustees," meaning that they are obligated to serve the public interest in exchange for their broadcast license. Digital television has reopened the debate over public interest obligations. The article begins by discussing the transition to digital television. Then, Mr. Graham writes about the argument that digital television creates a chance to re-characterize broadcasters' public interest obligations. Part III of the article discusses various constitutional issues and the scarcity doctrine in relation to digital television. Finally, the author argues that digital television does not threaten public interest regulation. Ultimately, the author concludes that despite the move to digital television, there is little reason to change how the public interest is regulated.

COPYRIGHT IN THE NEW MILLENNIUM: IS THE CASE AGAINST REPLAYTV A NEW BETAMAX FOR THE DIGITAL AGE?
Aaron A. Huruwitz
New digital technologies have resulted in an on-going battle between copyright holders, such as record companies, and individuals seeking make use of copyright protected materials on their new devises. Section I of this note begins by discussing what new digital technologies are available, and how these technologies threaten copyrights. Section II describes what new copyright laws have developed in light of new technologies. The author then takes a look at the ReplayTV 4000 device, which has prompted large-scale copyright holders to take legal action. Section IV looks at these claims. Finally, the article looks at the possible effects of these lawsuits on copyright holders and the law that regulates copyrights.

THE MYTH OF DISCRETION: WHY PRESIDENTIAL ELECTORS DO NOT RECEIVE FIRST AMENDMENT PROTECTION
John A. Zadrozny
This article examines why there is no First Amendment protection for presidential elector's elector college votes, in contrast to the votes of ordinary voters' Election Day ballots. The article begins by explaining the creation and functionality of the Electoral College. Part II looks at how the Supreme Court has interpreted voting rights in connection with the First Amendment. Part III explains why presidential electors are treated as mere tools of the state, and explores the arguments both for and against the use of the Electoral College. The article concludes by explaining why the First Amendment does not protect presidential electors.

ECHELON: THE NATIONAL SECURITY AGENCY'S COMPLIANCE WITH APPLICABLE LEGAL GUIDELINES IN LIGHT OF THE NEED FOR TIGHTER NATIONAL SECURITY
Erin L. Brown
The National Security Agency ("NSA") has at its disposal ECHELON, a controversial telecommunications spy network between the NSA and four other countries. ECHELON makes is possible for its operators to intercept telephone, fax, and e-mail communications. The article examines whether ECHELON violates a person's Fourth Amendment guarantee of protection from unreasonable search and seizure, especially in light of new national security threats. The article begins by laying out the legal framework under which the NSA works, and then explains how ECHELON operates. Part III explains the various laws with which the NSA must comply, namely the Foreign Intelligence Surveillance Ace ("FISA") and the Fourth Amendment. Part IV of the article discusses the main concerns over the use of ECHELON, such as invasion of privacy. Finally, the article concludes that the NSA does not violate the law with its use of ECHELON.

BONNEVILLE V. REGISTERS OF COPYRIGHTS: BROADCASTERS' UPSTREAM BATTLE OVER STREAMING RIGHTS
Azine Farzami
The Copyright Office ruled in 2000 that AM/FM radio stations would be liable to record companies for simultaneously streaming their broadcast signals through the Internet of copyrighted sound recordings unless the radio stations comply with certain requirements and apply for a license. The article will examine this debate. Part I of the article discusses "streaming" technology in relation to copyright liability. Part II outlines the history of the right of public performance of sound recordings. Part III discusses the United States District Court decision in Bonneville v. Register of Copyrights, which held that the Copyright Office has the right to subject FCC regulated radio stations to copyright liability. The author then applies this holding to the Copyright Office's ruling. Finally, the article discusses what options are available to radio stations in light of the Copyright Office's ruling.